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Livermore City Council
March 24, 2025

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March 24, 2025
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CITY COUNCIL
AGENDA
MONDAY, MARCH 24, 2025
REGULAR MEETING –
7:00 PM
CLOSED SESSION - 6:00 PM

MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA

CIVIC CENTER MEETING HALL

CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
TV29:

Comcast TV Channel 29
tv29live.org
John P Marchand, Mayor
Evan Branning, Vice Mayor
Ben
Barrientos, Council Member
Steven Dunbar, Council Member
Kristie Wang, Council Member
Livermore City Council Agenda
March 24, 2025

1. CLOSED SESSION - 6:00 PM

Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
Note: This Closed Session my be continued to the end of the Regular Meeting.

1.1 Conference with Legal Counsel - Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (Two cases)
1 .

Alameda County Taxpayers’ Association Inc, et al. v. Livermore, Alameda County Superior Court Case No. 23CV047436
2 .

Alameda County Taxpayers’ Association Inc, et al. v. Livermore, Alameda County Superior Court Case No. 24CV058036

1.2 Conference with Labor Negotiators. To meet with the City’s negotiators Tina Olson, Administrative Services Director, Kristen Hilton, Human Resources Manager, and Tim Davis, a partner with the law firm Burke, Williams, & Sorensen LLP pursuant to Government Code section 54957.6, regarding negotiations with the International Association of Fire Fighters, Local 1974, AFL-CIO-CLC.

1.3 Conference with Labor Negotiators. To meet with the City’s negotiators Tina Olson, Administrative Services Director, Kristen Hilton, Human Resources Manager, and Tim Davis, a partner with the law firm Burke, Williams, & Sorensen LLP pursuant to Government Code section 54957.6, regarding negotiations with the International Association of Fire Fighters, Local 1974, Battalion Chief’s Unit, AFL-CIO-CLC.

1.4 Conference with Labor Negotiators. To meet with the City’s negotiators Tina Olson, Administrative Services Director, Kristen Hilton, Human Resources Manager, and Charles Sakai, a partner with the law firm Sloan, Sakai, Yeung and Wong LLP pursuant to Government Code section 54957.6, regarding negotiations with the Livermore Police Officers Association.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation declaring March 2025 as March for Meals (#SaveLunch) Month, presented to

ROLL CALL

Council Member Ben Barrientos
Council Member Steven Dunbar
Council Member Kristie Wang
Vice Mayor Evan Branning
Mayor John Marchand

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION

Livermore City Council Agenda
March 24, 2025

Carrie Oldes, Meals on Wheels Program Manager

Recommendation:

Staff recommends City Council declare March 2025 as March for Meals (#SaveLunch) Month.

Staff Report

Attachments:

1. Proclamation

3.2 2024 Climate Action Plan Progress Report, presented by Tricia Pontau, Sustainability Program Manager.

Recommendation:

Staff recommends the City Council receive a presentation on the 2024 Climate Action Plan Progress Report.

Staff Report

Attachments:

1. 2024 CAP Progress Report

4. OPEN FORUM

In conformance with the Brown Act, no City Council action can occur on items presented during Open Forum.

To provide public comment in person, please submit a speaker card. When your name is called, walk to the lectern to address City Council.

Comments are limited to a maximum of 3 minutes per person, per item. The Mayor may reduce the amount of time based on the number of persons wishing to speak.

Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

Open Forum will conclude after 30 minutes; however, if there are additional speakers, Open Forum will reconvene before the meeting adjourns.

5. CONSENT CALENDAR

Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must submit a speaker card found at the entrance of the Council Chambers. A speaker is limited to a single comment with a maximum of three minutes for the entire Consent Calendar. If Consent Calendar items are pulled for discussion by the City Council, a speaker will be allowed one comment per item on the items pulled for discussion and a separate comment for the remaining Consent Calendar. The one comment limit applies regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

5.1 Approval of draft minutes - March 3, 2025 Special Meeting and March 10, 2025 Regular Meeting.

Recommendation:

Livermore City Council Agenda
March 24, 2025

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. DRAFT 2025-03-03

2. DRAFT 2025-03-10

5.2 Resolution authorizing execution of an on-call architectural services agreement with Barry & Wynn Architects, Inc. in an amount not-to-exceed $500,0000 with a term ending December 31, 2029, to support various facility projects in the Capital Improvement Program.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an on-call architectural services agreement with Barry & Wynn Architects, Inc. in an amount not-to-exceed $500,000 with a term ending December 31, 2029, to support various facility projects in the Capital Improvement Program.

Staff Report

Attachments:

1. Project Locations

2. Resolution

3. Exhibit A - Agreement

5.3 Resolution approving the update to the City of Livermore Development Plan Check and Procedures Manual, which is used to review entitlement applications, final maps and improvements to the City's infrastructure, dated March 24, 2025, and delegating discretionary authority to the City Engineer to approve future revisions to the manual.

Recommendation:

Staff recommends the City Council adopt a resolution:
1 .

Approving the update to the City of Livermore Development Plan Check Manual dated March 24, 2025
;
2 .

Granting the City Engineer, or their designee, discretionary authority to approve revisions to the City Development Plan Check and Procedures Manual, including any standards contained therein, in accordance with Government Code section 830.6 and with the Livermore Municipal Code section 2.68.595, preserving the City’s design immunities.
3 .

Authorizing the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.

Staff Report

Attachments:

1. Resolution

2. Exhibit A -City of Livermore Development Plan Check and Procedures Manual - March 24, 2025

5.4 Resolution approving exceptions to the Livermore Municipal Code bidding requirements, authorizing issuance of a purchase order in an amount not-to-exceed $813,345 for Contech

Livermore City Council Agenda
March 24, 2025

Engineered Solutions, LLC, and authorizing issuance of a purchase order in an amount not-to- exceed $653,136 for StormTrap, LLC for full trash capture devices as part of the Storm Drain Trash Capture Project 2024-25.

Recommendation:

Staff recommends the City Council adopt a resolution:
1 .

Approving an exception to the bidding requirement contained in Livermore Municipal Code Section 2.68.360.C2 because there is a compelling and justifiable reason, such as product standardization, to procure the required goods or services from a particular consultant, contractor, or vendor;
2 .

Approving an exception to the bidding requirement contained in Livermore Municipal Code Section 2.68.360.C1 because the supplies and equipment can only be obtained from one consultant, contractor, or vendor due to the proprietary, specialized, or unique character of the required goods or services;
3 .

Authorizing the City Manager to execute a purchase order in an amount not-to exceed $813,345 for Contech Engineered Solutions, LLC for full trash capture devices as part of the Storm Drain Trash Capture Project 2024-25; and
4 .

Authorizing the City Manager to execute a purchase order in an amount not-to exceed $653,136 for StormTrap, LLC for full trash capture devices as part of the Storm Drain Trash Capture Project 2024-25.

Staff Report

Attachments:

1. Vicinity Map

2. Resolution

5.5 Resolution authorizing the approval of Altamont Settlement Agreement Education Advisory Board's $628,665 Expenditure Plan for FY 2025-26

Recommendation:

Staff recommends the City Council adopt a resolution approving the Altamont Settlement Agreement Education Advisory Board's $628,665 Expenditure Plan for FY 2025-26.

Staff Report

Attachments:

1. 2024 Annual Report

2. Resolution

3. Exhibit A - 2025 Expenditure Plan

5.6 Resolution receiving the 2024 Annual Review of Military Equipment Report, determining that the equipment identified in the report complies with applicable standards, and authorizing the City of Livermore Military Equipment Ordinance 2.36.200 to be renewed and remain in effect.

Recommendation:

Staff recommends City Council adopt a resolution:
1 .

Accepting the 2024 Annual Military Equipment Report;
2 .

Determining that the equipment identified in the report complies with the City’s policy and the statutory requirements; and

Livermore City Council Agenda
March 24, 2025

3 .

Determining that the policy set forth in Livermore Municipal Code section 2.36.200 Military Equipment Policy should be renewed and remain in effect.

Staff Report

Attachments:

1. 2024 LPD Military Equipment Inventory

2. Livermore Police Department Policy 709 - Military Equipment

3. Ordinance 2.36.200

4. Resolution

5. Exhibit A - 2024 Annual Military Equipment Report

5.7 Resolution authorizing a supplemental appropriation to the Fleet Fund 730 in the amount of $3,113,239 to complete the planned purchase of vehicles for FY 2024-25

Recommendation:

Staff recommends City Council adopt a resolution authorizing a supplemental appropriation to the Fleet Fund 730 in the amount of $3,113,239 to the FY 2024-25 to fund the planned purchase of the vehicles identified in the 25-year Fleet Replacement Plan.

Staff Report

Attachments:

1. FY 2024-25 Planned Vehicle Replacements

2. Resolution

5.8 Resolution authorizing execution of an Affordable Housing Loan Agreement, an Affordable Housing Regulatory Agreement, a Ground Lease and all other related documents authorized and described in those agreements with Pac Avenue, L.P. and appropriating $5,000,000 in State Local Housing Trust Funds (LHTF) and $1,500,000 in City Affordable Housing Trust Funds for the development loan for the development of the Pacific Avenue Senior Apartments Phase 1.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing:
1 .

The City Manager, or her designee, to execute an Affordable Housing Loan Agreement, an Affordable Housing Regulatory Agreement and all other related documents authorized and described in those agreements, substantially in the forms attached to the resolution as Exhibits A and B, respectively, with Pac Avenue, L.P. for the development of the Pacific Avenue Senior Apartments Phase 1, with authorization for the City Attorney to approve minor changes and final form; 2 .

An appropriation of $5,000,000 in State Local Housing Trust Funds (LHTF) and $1,500,000 in City Affordable Housing Trust Funds, totaling $6,500,000 to Pac Avenue, L.P. for the Development Loan;
3 .

The City Manager to execute a Ground Lease with Pac Avenue, L.P., substantially in the form attached to the resolution as Exhibit C, including the HUD addendum to Ground Lease, and all related documents referred to in and necessary to carry out that agreement, subject to final approval of terms and form by the City Attorney; and 4 .

The City Manager to execute a City-County Subordination Agreement with Alameda County, and a Subordination Agreement with First Citizen’s Bank and Trust Company, a

Livermore City Council Agenda
March 24, 2025

Modification and Subordination Agreement and a Capital Advance Mixed-Finance Program Use Agreement with the U.S. Department of Housing and Urban Development, substantially in the forms attached to the resolution as Exhibits D, E, F and G, respectively, and subject to the City Attorney’s final approval of terms and form.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Loan Agreement

3. Exhibit B - Regulatory Agreement

4. Exhibit C - Ground Lease

5. Exhibit D - City/County Subordination

6. Exhibit E - First Citizen's Subordination

7. Exhibit F - Modification and Subordination

8. Exhibit G - HUD Use Agreement

5.9 Resolution amending the City of Livermore Salary Plan dated March 2025 in accordance with California Code of Regulations, Title 2, Section 570.5 to provide 5% salary increases for positions the City has had challenges with recruitment and retention

Recommendation:

Staff recommends adopting a resolution amending the City of Livermore Salary Plan dated March 2025 in accordance with California Code of Regulations, Title 2, Section 570.5.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Salary Plan effective March 2025

6. PUBLIC HEARINGS

Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

6.1 Hearing to consider the 2024 Housing Element Annual Progress Report, which tracks the City’s progress towards implementing the Housing Element of the General Plan and meeting its Regional Housing Needs Allocation (RHNA), pursuant to Government Code Section 65400.

Recommendation:

Staff recommends the City Council adopt a resolution accepting the 2024 General Plan Housing Element Annual Progress Report.

Staff Report

Attachments:

1. 2024 Affordable For-Sale Prices and Rental Rates

2. 2024 Building Permit and Housing Applications Summary

3. 2024 RHNA Progress

4. Resolution

Livermore City Council Agenda
March 24, 2025

5. Exhibit A - 2024 Annual Progress Report

7. MATTERS FOR CONSIDERATION - NONE

Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS

9. ADJOURNMENT

To a Regular City Council meeting on Monday, April 14, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

10. SUPPLEMENTAL MATERIALS

10.1 Supplemental materials received prior to the meeting.

Staff Report

Attachments:

1. Supplemental Materials

10.2 Supplemental materials received at the meeting.

Staff Report

Attachments:

1. Item Received at the Meeting

11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING

You can participate in the meeting in a number of ways:

Open Forum
is an opportunity for the public to speak regarding items not listed on the agenda. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of that item. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda. However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.

Public Hearings
- The topic of the hearing is typically summarized by staff, followed by a presentation by the applicant, and questions from the City Council. The Mayor will then open the hearing to the public and offer an opportunity for public comments. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of the presentation of the item.

Other Agenda Items
are also open for public input including Consent Calendar or Matters for Consideration items. These comments are also subject to the 3-minute limit.

Special Meetings, Workshops
- The public will have the opportunity to address the City

Livermore City Council Agenda
March 24, 2025

Council regarding the item that is the subject of the special meeting or workshop. Public comments are limited to a maximum of 3 minutes per person.

Platforms to Participate in Meetings:

Submission of Comments Prior to the Meeting:

Email Comments
may be submitted by the public to the City Clerk’s Office (
[email protected]
). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.

eComments
may be submitted by the public using the eComment link
here
. Comments may
be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by the City Council and the public upon submittal.

Submission of Comments During the Meeting:

Speakers are limited to a maximum of 3 minutes per person. To submit a comment you must complete a speaker card for each item. Speaker cards are available in the Civic Center Meeting Hall lobby. Indicate on the card the item number you wish to comment on and submit the card directly to the City Clerk prior to the start of the item. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda.

However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.

The City will be using YouTube and TV29 as two tools to provide the public access to view City Council meetings. No public comment will be accepted via YouTube.

TV29:
tv29live.org
Comcast Cable 29
YouTube:
http://youtube.com/c/CityofLivermoreCalifornia

If you would like to deliver written materials to the City Council as part of your public comment, please provide 10 copies to the City Clerk with your speaker card.

The
City Council Agenda and Agenda Reports
are prepared by City staff and are available
for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://LivermoreCA.gov/agenda
.

Under Government Code §54957.5, any
supplemental material
distributed to the members
of the City Council after the posting of this agenda will be available for public review in the City Clerk’s Office, 1052 South Livermore Avenue, Livermore, and included in the agenda packet available on the City’s web site at
http://LivermoreCA.gov/agenda
.

Livermore City Council Agenda
March 24, 2025

PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT (CODIFIED AT 42 UNITED STATES CODE SECTION 12101 AND 28 CODE OF FEDERAL REGULATIONS PART 35), AND SECTION 504 OF THE REHABILITATION ACT OF 1973, THE CITY OF

LIVERMORE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION,

NATIONAL ORIGIN, ANCESTRY, SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN THE PROVISION OF ANY SERVICES, PROGRAMS, OR ACTIVITIES. TO ARRANGE AN

ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE

CONTACT THE ADA COORDINATOR AT
[email protected]
OR
CALL (925) 960-4170 (VOICE) OR (925) 960- 4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.

Livermore City Council Agenda
March 24, 2025

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